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SMITH, JR. v. ZURICH GEN. ACCIDENT & LIAB. INS. CO., LTD.

278 A.D. 982 (1951)

Bernard A. Smith, Jr., et al., as Executors and Trustees under The Will of Bernard A. Smith, Deceased, Respondents, v. Zurich General Accident & Liability Insurance Company, Limited, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 25, 1951.

Judgment, insofar as appealed from, reversed on the law and the facts, with costs, and judgment modified to provide that the first cause of action in the complaint be dismissed, and that plaintiffs recover of defendant only the sum of $500, with interest thereon and costs.

In our opinion, on the facts disclosed by the record, there was, as a matter of law, no waiver by appellant of the policy requirement that written notice...

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